Standard Terms and Conditions for Land Referencing and Associated Services

  1. All references to the "Company" refer to Persona Associates Limited.

    All references to the "Client" refer to the Client
     
  2. Variations to the Company's standard Terms and Conditions may only be made by agreement in writing between the Company and the Client.  The following headings in these Terms and Conditions are for convenience only and shall not affect interpretation of the Terms and Conditions.

Terms and Conditions    

1.    FEE RATES FOR PROFESSIONAL, TECHNICAL AND ADMINISTRATIVE STAFF

1.1    The Client may obtain the current scale of fees from the Company but charges will be made according to the scale current during the period of the commission. The Company will notify the Client in advance of the introduction of any changes to the scale of fees 

1.2    Fees are charged for all time spent on Client affairs whether at the Company's offices, on the Client's premises, or elsewhere.  

2.    ADDITIONAL EXPENSES NOT INCLUDED IN FEES

2.1    Where applicable, disbursements for travelling, printing, photocopying, accommodation, meals, and other expenses are identified and charged separately.

2.2    Mileage expenses for travel by car are charged at the current Her Majesty’s Revenue and Customs. Public Transport expenses are charged ‘at cost’ from the office location.

2.3    If a need for ancillary services not specified in a contract, letter, or proposal were to be identified by the Company during the course of the work, agreement to their use would be obtained from the Client before any expenditure is incurred.

NB: Any special printing requirements are charged at cost plus 15%. In accordance with the Environmental Policy, Persona promotes itself as being a ‘paperless’ company. Care is taken regarding quoting/highlighting printing charges.  

3.    PAYMENT OF FEES

3.1    Invoices will be submitted monthly. VAT will be applied at the standard rate to all invoices. 

3.2    Payment is due on receipt of invoice and all accounts must be settled in full within 28 days. If any invoice is not settled in 28 days, interest will be calculated at 4% above base rate of nominated bank or Bank of England plus the statutory rate of interest.

All queries relating to invoices must be raised within 7 days of receipt and, if not, will be deemed to be agreed by the Client.

4.     DUTIES

The Company shall perform all such duties as may from time to time be assigned by the Client and shall undertake those duties with all reasonable skill and care to be expected of a competent and professional land referencing company experienced in carrying out services for projects of similar size, scope, nature, complexity and value to the proposed Project.   

5.     CONFIDENTIALITY

The Company undertakes that it will not at any time hereafter use, divulge or communi-cate to any person, except as may be required by law or any legal authority, any confidential information concerning the business or affairs of the Client or of any member of the group of companies to which the Client belongs, which may have or may in future come to its knowledge, the Company shall use its reasonable endeavours to prevent the publication or disclosure of any confidential information concerning such matters.

6.     OWNERSHIP OF INFORMATION
            
All rights to the ownership of any information obtained by the Company in the performance of this commission, together with all research undertaken, and all plans, maps and documents prepared will become the property of Client.

7.     GUARANTEES

7.1    The Company guarantees exclusive engagement to the Client in respect of the work involved     in the Commission, unless otherwise agreed.

7.2    The Company will maintain public liability to the value of five million pounds and professional indemnity insurance policies to the value of ten million pounds respectively.

8.      TERMINATION

8.1    If the Client decides to terminate an Agreement or Commission or Assignment, at least twenty-eight days’ notice of the date of termination in writing must be given, with reasons for doing so.

8.2    In the event of termination, the Company shall be entitled to be reimbursed all costs and expenses reasonably incurred up to the date of termination.

9.      FORCE MAJEURE

The Company shall not be liable for any delay or failure to perform any of its obligations to the Client if such delay or failure is due directly or indirectly to any cause or circumstances beyond the reasonable control of the Company.

10.     LEGAL PROVISIONS

These Conditions shall be governed and construed in accordance with English law.

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